Bhim Bahardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23739 of 2021 Arising Out of PS. Case No.-303 Year-2019 Thana- JOGBANI District- Araria ====================================================== BHIM BAHARDAR, Son of Shaini Bahardar Resident of Village - Takiya, Ward No. 11, P.S. - Jogbani, District - Araria. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Jogbani P.S. Case No. 303 of 2019, registered for the offence punishable under Section 304(B) and 201/34 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Araria.

As per allegation made in the F.I.R. is that the accused persons named in the F.I.R. including the petitioner caused death of the daughter of informant due to non-fulfillment of demand of dowry and disposed of her dead body, which was recovered in course of investigation after lodging of the F.I.R. Learned counsel appearing on behalf of petitioner

Patna High Court CR. MISC. No.23739 of 2021(12) dt.11-05-2022 2/2 submits that petitioner is the husband of the deceased and he is in custody since 13.10.2020. He further submits that even after submission of the Chargesheet, the charges have not been framed till date.

Considering the facts and circumstances of the case and the fact that there is direct allegation against the petitioner, who is husband of the deceased, that he has committed murder of his wife due to non-fulfillment of demand of dowry, I am not inclined to enlarge the petitioner on bail, at this stage. Accordingly, the prayer for grant of regular bail is rejected. Taking into consideration the fact that even after submission of the Chargesheet, the trial has not been progressed till date. The learned trial Court is directed to conclude the trial expeditiously, well within a period of one year. If no substantial progress takes place in trial, the petitioner, if so advised, may renew his prayer for bail after one year.

(Purnendu Singh, J) manish/- U T